Court: SDNY

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In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course…

Read More Go West, Ms. Plaintiff: Manhattan Federal Court Explains Decision to Transfer Discrimination Case to the Western District of New York
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In a Manhattan federal lawsuit, captioned Rodriguez v. Highgate Hotels (SDNY 16-cv-05736, filed July 19, 2016), plaintiff (a male hotel worker) alleges that he was terminated for having a relationship with a female co-worker, while the defendant did not discipline (and in fact celebrated) a “clandestine romantic relationship” between a male supervisor and his male subordinate. Plaintiff…

Read More Gender and Sexual Orientation Discrimination Lawsuit By Heterosexual Hotel Worker
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In Black v. Anheuser-Busch in Bev, No. 14 CIV. 2693 (RWS), 2016 WL 3866583 (S.D.N.Y. July 13, 2016), the court dismissed plaintiff’s sexual harassment, discrimination, retaliation, and hostile work environment claims. Plaintiff filed a complaint with the NYC Commission on Human Rights (NYCCHR), which set forth claims for gender discrimination and sexual harassment. The NYCCHR issued…

Read More Court Dismisses Sexual Harassment, Discrimination, Hostile Work Environment, and Retaliation Claims; Discusses Election of Remedies, Statute of Limitations, and Exhaustion of Remedies Principles
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In a recent Manhattan federal court filing, Roger Ailes – the named defendant in a sexual harassment lawsuit filed by former Fox News host Gretchen Carlson in NJ state court – seeks to compel arbitration of her claims pursuant to the Federal Arbitration Act. (Here are the supporting petition and memorandum of law.) His papers…

Read More Roger Ailes Moves to Compel Arbitration of Gretchen Carlson’s Sexual Harassment Claims
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A recent Manhattan federal lawsuit, An v. City of New York, SDNY 16-cv-05381, challeng[es] the constitutionality of the New York City Police Department’s [] widespread practice and custom of interfering with and deterring the exercise of the First Amendment right of individuals to film, photograph, videotape, or otherwise record[] NYPD officers performing their official duties in public…

Read More First Amendment Lawsuit Challenges NYPD Retaliation for Recording Officers
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In a recently-filed Manhattan federal lawsuit, captioned Kadir-Tahir v. Kateri Residence/Arch Care et al (SDNY 16-cv-05094), plaintiff asserts claims of sex discrimination and sexual harassment and retaliation by defendants, in violation of Title VII, the NY State Human Rights Law, and the NYC Human Rights Law. The lawsuit is supported by an EEOC finding in…

Read More Sexual Harassment/Retaliation Lawsuit, Based on EEOC Finding of “Disparate Discipline”, Against Kateri Residence/Arch Care
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In Deluca v. Sirius Xm Radio, Inc., No. 12-CV-8239, 2016 WL 3034332 (S.D.N.Y. May 27, 2016), an employment discrimination case, plaintiff alleged that “she was paid less than her male peers, that she was removed from her supervisory authority, and that she was subjected to anti-gay slurs in the workplace.” To flesh out her claims,…

Read More Court Orders Pre-Statute of Limitations “Comparator” Discovery in Gender Pay and Sexual Orientation Discrimination Lawsuit Against Sirius XM Radio
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In Beaton v. Metro. Transp. Auth. New York City Transit, No. 15 CIV. 8056 (ER), 2016 WL 3387301 (S.D.N.Y. June 15, 2016), the court held that plaintiff – who suffered from schizophrenia – successfully pleaded discrimination (termination) and retaliation claims, but failed to sufficiently allege a failure-to-accommodate claim. Plaintiff’s allegations, in sum: Plaintiff alleges that…

Read More Schizophrenic Plaintiff Fired for Sleeping on the Job Plausibly Alleges Disability Discrimination and Retaliation, But Not Failure-to-Accommodate, Claims
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In Franchino v. Roman Catholic Archdiocese of New York, No. 15 CV 6299 (VB), 2016 WL 3360525, at (S.D.N.Y. June 15, 2016), the court dismissed plaintiff’s complaint for discrimination on the basis of gender, ethnicity, national origin, and age under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. In dismissing his Title VII…

Read More SDNY Dismisses Employment Discrimination Complaint Asserting Unequal Discipline and Age-Related Jokes and Comments
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In Tse v. New York University, No. 10-CV-7207 (DAB), 2016 WL 3281045 (S.D.N.Y. June 6, 2016), the court, per SDNY Judge Batts, held that plaintiff’s receipt of long-term disability and social security disability insurance benefits did not preclude her from receiving back pay or front pay as a matter of law, and that those benefits should…

Read More SDNY Holds That Lost Wages Were Not Precluded, and Should Not Be Offset, by Disability Benefits
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